Understanding Collateral Consequences of Criminal Charges in New Jersey

Understanding Collateral Consequences of Criminal Charges in New Jersey

Dealing with criminal charges is tough enough, but in New Jersey there can be a bunch of other consequences that come from just being charged with a crime, even if you aren’t convicted. These extra punishments are called “collateral consequences” and they can really mess up someone’s life. Let’s break down what they are so you can understand what’s at stake if you or a loved one gets charged with a crime in NJ.

What are Collateral Consequences?

Collateral consequences are all the bad stuff that happens because of a criminal charge, other than the actual criminal sentence. They kick in as soon as charges are filed, even if the person is never convicted. So you can end up losing your job, housing, government benefits, immigration status, and more, just from being accused of a crime!

Some examples of collateral consequences in NJ include:

• Losing professional licenses or certifications
• Getting kicked out of public housing
• Losing custody rights
• Having your drivers license suspended
• Losing the right to own a gun
• Losing the right to vote
• Losing eligibility for government programs like welfare and food stamps

So let’s dig into these different consequences more, so you can really understand how much is at stake when criminal charges get filed.

Professional License Issues

Lots of jobs require some kind of professional license or certification from the state of NJ. If you get charged with a crime, the government can suspend or revoke your license, even before you are convicted. This means you could instantly lose your ability to work.

Some examples where this happens are nurses, home health aides, accountants, engineers, contractors, real estate brokers, security guards, and more. Each licensing board has their own rules, but many will immediately suspend the license if criminal charges are filed.

This is obviously a huge deal if it’s the career you’ve spent years training for. The suspension can last for months or years, until the charges are resolved. Even if you are found not guilty, you still lost all that income during the suspension. Major ouch!

Losing Public Housing

Another common collateral consequence is losing your spot in public housing. The housing authorities can start eviction proceedings as soon as charges are filed.

So imagine you live in low-income housing, then get charged with a drug offense. Even if you’re found innocent, you could still end up evicted and homeless! Talk about unfair.

Some housing authorities may let you stay if it’s a minor charge. But things like drug charges, sex offenses, and violent crimes will typically lead to fast eviction, whether you are guilty or not.

Custody and Visitation Issues

Having criminal charges can also affect custody and visitation rights if you have kids. The civil courts get notified of any pending criminal case and can use that to impact family law rulings.

So if you get charged with a drug crime for example, the mom can potentially get an emergency court order to suspend your visitation rights. You may not be able to see your kids until the criminal case is resolved, even if you’re a loving responsible parent.

The civil courts can also use pending criminal charges as justification for modifying custody. So you could lose primary custody of your kids all because of charges that might not even lead to a conviction.

Driver’s License Suspension

Here’s a common one: getting your driver’s license suspended when you’re charged with a crime, even before conviction.

In New Jersey, your license can get suspended for things like:

• Drug charges – even simple marijuana possession
• Sex crimes like soliciting a prostitute
• Crimes involving a motor vehicle
• Crimes involving alcohol or drugs
• Offenses involving firearms
• Shoplifting and theft crimes

So imagine getting charged with smoking a joint, then losing your license and not being able to drive to work anymore! Harsh.

Losing Gun Ownership Rights

Under federal law, anyone charged with a felony gets their gun rights taken away. So if you own firearms legally, you’ll have to surrender them if hit with a felony charge.

Let’s say you have a registered pistol for home defense. If you get charged with felony drug possession, you’ll receive a notice saying you have to turn that pistol over to the police or transfer it to someone else.

And you can’t go buy any new guns either. Your gun rights are suspended until the criminal case is resolved. If convicted of the felony, this becomes a permanent firearm ban too.

Voting Restrictions

Another surprising collateral consequence is losing your right to vote while criminal charges are pending.

In NJ, you can’t vote if you’re currently charged with an indictable offense and awaiting trial. Indictable offenses are more serious crimes that start in superior court vs. municipal court.

So if you get charged with something like burglary or aggravated assault, no voting for you! And if it happens close to an election, you’re out of luck. No more civic duties until the criminal case finishes.

Losing Government Benefits

Finally, criminal charges can also impact eligibility for government assistance programs like welfare, food stamps, Medicaid, disability benefits, student financial aid, public housing, and more.

These programs have rules that suspend benefits if the recipient is charged with certain crimes. So you could lose your only source of income and health insurance, just from being accused.

Each program has different standards, but expect to lose eligibility if charged with drug offenses, major crimes, or offenses involving fraud/deception. Even if you aren’t convicted, the damage is done.

Defending Against Collateral Consequences

As you can see, the collateral consequences of criminal charges can be severe, even if the charges end up getting dismissed. So for anyone facing charges in New Jersey, it’s important to work with an experienced criminal defense lawyer who understands these consequences and can help defend against them.

A good lawyer may be able to negotiate with prosecutors to minimize charges and avoid the harshest collateral impacts. They can also petition the court to avoid suspending licenses and benefits while the case is pending.

The best bet is trying to get charges dismissed quickly, before collateral consequences take effect. But if that’s not possible, make sure your lawyer knows how to mitigate the damage as much as legally allowed.

Don’t let unjust criminal accusations ruin other aspects of your life. Know your rights and fight to protect your livelihood and stability using all defenses available.

The Bottom Line

Dealing with criminal charges in New Jersey can unleash a swarm of “collateral consequences” that devastate lives – costing people their jobs, benefits, housing, and basic rights. These extra punishments kick in following an accusation, even without a conviction.

If you or someone you love gets charged with a crime, understand the wide-ranging implications. Speak with an experienced attorney right away to start damage control. With the right legal strategy, some consequences may be avoided or reversed. But it takes quick action and expertise. Don’t leave your future to chance.